Hierarchy of Human Rights in the Russian Constitution : Does a hierarchy exist?

Valeriya, Sitnikova (2026) Hierarchy of Human Rights in the Russian Constitution : Does a hierarchy exist? ACTA HUMANA: HUNGARIAN CENTRE FOR HUMAN RIGHTS PUBLICATIONS, 14 (1). pp. 65-80. ISSN 0866-6628

Preview

Text 05_sitnikova_65-80_WEB-ActaHumana2026_1.pdf - Published Version Available under License Creative Commons Attribution Non-commercial No Derivatives. Download (231kB) | Preview

Abstract

Human rights are among modern governance’s most powerful and universally accepted principles, designed to uphold individual dignity, liberty, and equality. Around the world, constitutions serve as the ultimate legal guarantees of these rights, ensuring that governments respect and protect the fundamental rights of their citizens. However, while human rights are universal, their interpretation and priority can vary significantly across countries. At the heart of these differences is a key question: does the Constitution prioritise certain rights over others, establishing a hierarchy that affects how those rights are implemented, balanced, and sometimes limited?The question of hierarchical rights in constitutional law is not simply a matter of legal theory; it has profound implications for justice and governance. A constitution’s approach to prioritising rights can shape how courts resolve conflicts, influence how laws are applied, and impact citizens’ daily lives. In countries with an explicit hierarchy, certain rights are considered sacrosanct, serving as fundamental principles that must be respected by all other rights. In other countries, rights are treated as fundamentally equal, with any conflicts resolved on a case-by-case basis based on context and judicial discretion.This article aims to examine the Russian Federation’s Constitution, how it is structured, and answer the question: is there a hierarchy of human rights in the Russian Constitution?Knowing whether or not there is a hierarchy of human rights in the Russian Constitution is essential to understanding how Russia balances individual freedoms with state power. The hierarchy clarifies which rights the Constitution protects most vigorously, guiding judicial decisions, informing legal predictability, and revealing the values that shape Russian governance. For citizens, activists, and lawyers, this understanding helps navigate the legal system because it highlights rights that may receive greater protection versus those that may be curtailed in favour of collective interests. Furthermore, understanding this hierarchy provides a lens through which Russia’s approach can be compared with other legal systems and places the country’s human rights system in a global context.

Actions (login required)

Edit Item